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JOSE RAMIREZ, Indi v. dually and as Administrator of the Estate of ARIES RAMIREZ, Deceased, Appellant,

The affirmations of defendants' experts established prima facie that defendant doctors examined plaintiff's infant decedent in accordance with prevailing standards of pediatric care. Plaintiff, in opposing summary judgment, did not meet his burden to respond to defendants' showing with evidence raising a triable issue. The conclusory affirmation of plaintiff's expert did not address the specific assertions of defendants' experts, particularly as they bore on the issues of malpractice and causation ( see Alvarez v. Prospect Hosp., 68 NY2d 320, 324). The document was otherwise flawed by its misstatements of the evidence and its unsupported assertions ( see Diaz v. New York Downtown Hosp., 99 NY2d 542, 544; Romano v. Stanley, 90 NY2d 444, 451-452).

We have considered plaintiff's remaining arguments and find them unavailing.

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RAMIREZ v. COLUMBIA-PRESBYTERIAN MED. CENTER
(Mar 17, 2005)